IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGAE^A WRIT PETITION NO: 9188 OF 2025 Between: Bogabathina Narasamma, W/o Ramachandraiah, Aged about 70 years, Occ: Agriculture, R/o.Singareddipalle, Penagaluru Mandal, Annamaiah District. ...PETITIONERT AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary - Revenue Department Secretariat, Velagapudi, Guntur District. The District Collector, Annamayya District. The Revenue Divisional Officer, Rajampet, Annamayya District. The Tahsildar, Penagaluru Mandal, Annamayya District. The Mandal Revenue Inspector, Penagalur Mandal, Annamaiah District. The Village Revenue Officer, Singareddipalli Village, Penagalur Mandal, Annamaiah District. 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 4th Respondent in passing the Order Roc.No.A/142/2024, dated 26.03.2025 and Notice Ref.No.A/142/2024 dated 20.02.2025 under Sec.6 of the Act, thereby trying to dispossess the Petitioner from his property land admeasuring Ac. 1-00 cents in Sy.No.706 (actually 706/2), situated in Singareddipalli Village, Penagaluru Mandal Rajampeta Revenue Division, Kadapa District (now Annamayya District) illegal, arbitrary, without jurisdiction and in violation of principles of natural justice and contrary to the Act 3 of 1905 and set aside the same.^ as lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings including eviction of the Petitioner, pursuant to the orders of the 4th Respondent vide Roc.No.A/142/2024, dated 26.03.2025 in respect of the Petitioner’s property land admeasuring Ac. 1-00 cents in Sy.No.706 (actually 706/2), situated in Singareddipalli Village, Penagaluru Mandal, Rajampeta Revenue Division, Kadapa District (now Annamayya District), pending disposal of the above writ petition. ^ Counsel for the Petitioner: SRI P RAMABHOOPAL REDDY ^ Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010180382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9188/2025 Between: Bogabathina Narasamma ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENTS Counsel for the Petitioner: 1. P. Ramabhoopal Reddy Counsel for the Respondents: 1 .GP for Revenue The Court made the following: m the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9188/2025 This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of 4*'^ respondent in passing the Order vide Roc.No.A/142/2024, dated 26.03.2025 and eviction orders vide proceedings Ref.No.A/142/2024, dated 20.02.2025, without following procedure as contemplated under law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioner is that the petitioner is the owner and possessor of the agriculture land to an extent of Ac.1.00 Cents in Sy.No.706/2, out of Ac.2.50 cents in Sy.No.706 situated in Singareddipalli Village, Penagaluru Mandal, Rajampeta Revenue Division, Kadapa District. The subject land is in possession of the petitioner since long time. After considering the long standing possession, the petitioner was issued with the D-Form Patta in the year 1986 vide DKT No.50/1986 and was also issued with the Pattadar Passbook and Title Deed vide Patta No.481, dated 26.09.1995, by respondent No.4. While things stood thus, the official respondent No.4 issued a notice under Section 7 of the A.P. Land Encroachment Act, 1905, (in short, ‘the Act, 1905’) on 24.01.2025, alleging that the petitioner was in occupation of 4. extent of Ac.1.00 Cents in Sy.No.706/2, out of the Government land to an Ac.2.50 cents. 5. Learned counsel for the petitioner further submits that respondent proceeded further, pursuant to Section 7 Notice and issued a notice/ , under Section 6 of the A.P. Land Encroachment Act, for eviction from the subject property, for which, the No.4 had order dated 20.02.2025 directing the petitioner petitioner submitted a reply dated 05.03.2025 before respondent No.4. He further submits that the respondent No.4, pursuant to Section 6 Notice, as if submitted by the petitioner, passed an Order, dated directing the petitioner for eviction from the subject property within the date of receipt of the said order, which is an appealable 10 of the Act, 1905, before the respondent No.3/being no explanation was 26.03.2025, 48 hours from order under Section Appellate Authority It is also submitted that even without allowing the petitioner to approach the statutory appellate authority by way of an appeal as per Section 10 of the Act, 1905, where under the petitioner was provided 60 days for 6. making such appeal to Respondent No.3, but, in meantime Respondent No.4 with immediate effect, without observing 60 is trying to evict the petitioner days of statutory period for submitting an appeal. Hence, the Writ Petition. learned Government Pleader for the On the other hand respondents submits that since the impugned order, dated 26.03.2025, is appealable order under Section 10 of the Act, 1905, before the appellate authority i.e. respondent No.3/ Revenue Divisional Officer. In view of 7. statutory ^the effective statutory alternative remedy, the petitioner is not entitled to • invoke the extraordinary jurisdiction of this Court under Article 226 of the ✓ Constitution of India. Having heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents, this Court is of the 8. considered view that the present Writ Petition can be disposed of, directing the petitioner to prefer a statutory appeal under Section 10 of the Act, 1905, assailing the impugned order, dated 28.03.2025, within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such an appeal, respondent No.3 is directed to consider the same and pass appropriate orders in accordance with law, after providing an opportunity of hearing to the petitioner and other stake holders, if any, within a reasonable time. In the meanwhile, the respondents are directed to not to interfere with the peaceful possession and enjoyment of the petitioner’s property. With the above directions, the Writ Petition is disposed of. There 9. shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Principal Secretary - Revenue Department Secretariat, Velagapu^ Guntur District. 2. The District Collector, Annamayya District. 3. The Revenue Divisional Officer, Rajampet, Annamayya District/ 4. The Tahsildar, Penagaluru Mandal, Annamayya District. L Inspector, Penagalur Mand^, Annamaiah Officer, Singareddipalli Village, Penagalur Mandal, District. 5. The Mandal Revenue 6. The Village Revenue Annamaiah District. 7. One CC to Sri P Ramabhoopal Reddy Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF c HIGH COURT DATED:08/04/2025 1 ORDER WP.No.9188 of 2025 0 2 MAY 2025 O \p Gurrsnl Section DISPOSING OF THE W.P., WITHOUT COSTS